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LINDENMUTH v. B. OF TRAFFIC SAFETY

No. 221 C.D. 1973.

12 Pa.Commw. 134 (1974)

John E. Lindenmuth, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellee.

Commonwealth Court of Pennsylvania.

March 4, 1974.

Attorney(s) appearing for the Case

Joseph A. Zane, for appellant.

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Argued December 6, 1973, before Judges CRUMLISH, JR., KRAMER and BLATT, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., March 4, 1974:

This is an appeal from an order of the Court of Common Pleas of Schuylkill County which, after a hearing de novo, sustained the Secretary of Transportation's suspension of John E. Lindenmuth's driver's license.

On December 16, 1971, Lindenmuth was placed under arrest and charged with operating a motor vehicle while under the influence of intoxicating liquor. He refused the request of the arresting officer and...

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